Hopkinton man convicted of assaulting officer with needle in restroom of Worcester store

Wednesday

Nov 13, 2013 at 12:56 PMNov 13, 2013 at 1:01 PM

By Gary V. Murray, TELEGRAM & GAZETTE STAFF

WORCESTER — A Hopkinton man has been sentenced to state prison after being found guilty of assault and battery with a hypodermic needle on a Worcester police officer.

A Worcester Superior Court jury convicted 30-year-old Brad D. Hamilton of the charge Tuesday, and Judge Daniel M. Wrenn sentenced him to 2 years to 2 years and a day in state prison. Mr. Hamilton was given credit for 267 days he spent in custody awaiting trial before being released on $1,000 cash bail.

The only witness to testify during the one-day trial was the victim, Officer Ryan Stone.

According to a statement the officer filed in Central District Court, where Mr. Hamilton's case was pending before he was indicted in December, Officer Stone went to the Price Chopper at 221 Park Ave. on the night of July 16, 2012, to investigate a report of a man in the women's restroom who was refusing to leave.

Store employees said there was blood on the floor in the ladies' room and expressed concern for their safety and that of their customers, according to Officer Stone's written account.

The officer said he went to the lavatory and asked the man, later identified as Mr. Hamilton, to open the door to the stall he was in and come out. Officer Stone said he saw an object in Mr. Hamilton's right hand when he opened the door.

The officer said Mr. Hamilton refused to comply with his order that he show his hands and drop the object.

After ordering Mr. Hamilton to put his hands on the wall, the officer saw what he believed was drug paraphernalia on the toilet in the stall, according to his statement.

Officer Stone said he asked Mr. Hamilton where his needle was and Mr. Hamilton responded that it was in his pocket. When asked whether the needle was capped, Mr. Hamilton made a series of unintelligible statements, according to the officer.

Officer Stone said he informed Mr. Hamilton that he was being arrested for trespassing and ordered him to put his hands behind his back. Mr. Hamilton allegedly refused.

As he was trying to get handcuffs on Mr. Hamilton, Mr. Hamilton jerked his hand toward the officer in a thrusting motion, according to the officer, who said he immediately felt a sharp sting in his right thumb.

Officer Stone said he pushed Mr. Hamilton up against the wall and saw that the object in the suspect's hand was a hypodermic needle. Mr. Hamilton was taken into custody after complying with the officer's request to drop the needle, according to the statement.

Court records indicate that Officer Stone sought medical treatment at a local hospital. Paul R. Jarvey, a spokesman for District Attorney Joseph D. Early Jr., said the officer suffered no long-term medical issues as a result of his injury.

The jury did not find that Mr. Hamilton intentionally stabbed Officer Stone with the needle, but rather that he was guilty of wilful, wanton or reckless conduct resulting in personal injury to another. The maximum penalty for assault and battery with a hypodermic needle or syringe or any instrument adapted for the administering of controlled or other substances by injection is 15 years in state prison and a $5,000 fine.

Charges of trespassing and disturbing the peace were dismissed at the request of Assistant District Attorney Brett F. Dillon, who prosecuted the case, and with the consent of Mr. Hamilton, who was represented by lawyer Sean M. Smith.